The Constitution Conflagration: Who Set India's Laws Ablaze?

The Indian Constitution is a highly detailed and wordy document, and its creation was a significant moment in the country's history. However, despite being the ''father'' of this constitution, Dr B. R. Ambedkar is famously quoted as saying that he would be willing to burn it. This has been interpreted by some as a threat to destroy the constitution if it did not serve the interests of minorities and smaller communities. In more recent times, in 2018, a man named Deepak Gaur was arrested for burning a copy of the constitution during a protest in Delhi.

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Dr BR Ambedkar, the Father of the Indian Constitution, wanted to burn it

Dr Ambedkar's full statement was:

> "Sir, my friends tell me that I have made the Constitution. But I am quite prepared to say that I shall be the first person to burn it out. I do not want it. It does not suit anybody. But whatever that may be, if our people want to carry on, they must not forget that there are majorities and there are minorities, and they simply cannot ignore the minorities by saying, 'Oh, no. To recognise you is to harm democracy.' I should say that the greatest harm will come by injuring the minorities."

Dr Ambedkar's statement was in reference to the need to protect the interests of minorities, including Dalits, and reflected his "disillusionment ... with the promises of progressiveness" and his frustration with the Indian government's argument against making special provisions for minorities.

Dr Ambedkar gave examples from the Canadian Constitution and British constitutional practices, where there was special protection for linguistic minorities. He argued that the Indian Constitution should be amended to provide similar powers to the Governor in India, thereby safeguarding the interests of smaller linguistic groups who may not be treated fairly by the majority.

On 19 March 1955, Dr Ambedkar's statement about burning the Constitution was brought up again by Dr Anup Singh, a Rajya Sabha member from Punjab, during a discussion on the Fourth Amendment Bill. In response, Dr Ambedkar explained his previous statement, saying:

> "We built a temple for god to come in and reside, but before the god could be installed, if the devil had taken possession of it, what else could we do except destroy the temple? We did not intend that it should be occupied by the Asuras. We intended it to be occupied by the Devas."

In 2018, a man was arrested for burning a copy of the Indian Constitution during a protest

Deepak Gaur, a resident of Faridabad, was arrested and booked under the Prevention of Insults to National Honour Act, 1971, and the Indian Penal Code. He was apprehended by the police after conducting raids in Delhi, Haryana, and Uttar Pradesh, as many of the accused were found to be absconding from their houses. Gaur revealed during interrogation that he and Shukla conspired to burn the Constitution to grab the government's attention regarding their opposition to the amendments in the SC/ST Act. They also issued press notes and shared a video of the incident on social media, which went viral.

The burning of the Indian Constitution was met with shock and outrage by many. Chief Minister Arvind Kejriwal tweeted his dismay at the incident, questioning why no action was taken by the police and suggesting possible collusion by the BJP government. Deputy Chief Minister Manish Sisodia also commented on the incident, stating that it was done at the behest of those in power and that Jantar Mantar, the location of the protest, is a place where people typically raise their voices to protect the Constitution.

It is important to note that this incident was falsely claimed to be perpetrated by Rashtriya Swayamsevak Sangh (RSS) workers. However, Times Fact Check and other sources have verified that the RSS was not involved, and the incident was carried out by members of the Youth Equality Foundation and Arakshan Virodhi Party.

Dr Ambedkar's reasons for wanting to burn the Constitution

Dr Ambedkar, the father of the Indian Constitution, is known for his famous remark about burning the Constitution. On 2nd September 1953, during a submission on the Andhra State Bill, Dr Ambedkar expressed his dissatisfaction with the Indian government's delayed decision to form the linguistic state of Andhra, which only happened after Potti Sriramalu's sacrifice. He also criticised the Home Minister, K.N. Katju, for failing to include special provisions for minority protection in the proposed Andhra legislation.

Dr Ambedkar's frustration with the government's neglect of minority rights, including those of Dalits and linguistic minorities, led to his rhetorical statement about burning the Constitution. He emphasised the importance of addressing the fears of smaller communities and ensuring they are not ignored or oppressed by the majority. This sentiment was reflected in his quote:

> "It is by placating the sentiments of smaller communities and smaller people who are afraid that the majority may do wrong, that the British Parliament works. Sir, my friends tell me that I have made the Constitution. But I am quite prepared to say that I shall be the first person to burn it out. I do not want it. It does not suit anybody."

Dr Ambedkar's statement highlights his commitment to minority rights and his belief that the Constitution should protect these rights effectively. He felt that the Constitution, as it stood, did not adequately address the concerns of minorities and required amendments to safeguard them from potential injustices by the majority.

Suraj Yengde, in his book "Caste Matters" (2019), provides insight into Dr Ambedkar's perspective. Yengde notes that Dr Ambedkar was willing to burn to ashes the very document he had laboriously authored. He also points out that the act of burning juridical texts was not foreign to Dr Ambedkar, as he had previously burnt the Manusmriti (the ancient Hindu caste code) publicly in 1927. Yengde argues that the attribution of authorship of the Constitution to Dr Ambedkar has been clever propaganda by the ruling castes and the State, diverting attention from the core demands of the Dalit community.

In conclusion, Dr Ambedkar's reasons for wanting to burn the Constitution stem from his dissatisfaction with the Indian government's handling of minority rights, particularly their failure to include protective provisions for minorities in the proposed Andhra State Bill. His statement about burning the Constitution was a rhetorical device to emphasise the importance of minority rights and the need for a Constitution that truly served and protected everyone, including those from marginalised communities.

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The Constitution Day in India

Constitution Day in India is celebrated on 26 November. The day marks the adoption of the Indian Constitution in 1949, before it came into force on 26 January 1950, which is celebrated in the country as Republic Day. The Indian Constitution is the most detailed and wordy constitution in the world.

The celebration of Constitution Day was first announced by the Prime Minister of India, Narendra Modi, in October 2015. The day is not a public holiday, but it is marked by various programmes held by ministries and departments throughout the year to spread the thoughts and ideas of Dr Ambedkar, the Father of the Indian Constitution.

In schools, the preamble of the constitution is read by all students, and there are quiz and essay competitions on the subject of the constitution of India. The Department of Higher Education requests that universities arrange mock parliamentary debates in colleges, and there is also an all-India quiz competition held at Ambedkar University, Lucknow. The Ministry of External Affairs directs all overseas Indian schools to celebrate the day, and embassies are instructed to translate the constitution into the local language and distribute it to various academic institutions.

In 2023, the Government of Manipur officially issued a bilingual edition of the Constitution of India, in the Meetei Mayek (or 'traditional Meitei writing system') in the Meitei language (officially called Manipuri) and English.

Ironically, Dr Ambedkar himself wanted to burn the constitution. On 2 September 1953, he argued strongly in favour of amending it. He is quoted as saying, "Sir, my friends tell me that I have made the Constitution. But I am quite prepared to say that I shall be the first person to burn it... It does not suit anybody. But whatever that may be, if our people want to carry on, they must not forget that there are majorities and there are minorities, and they simply cannot ignore the minorities by saying, 'Oh'".

The impact of the Constitution on India's nation-building

The Constitution of India is the supreme legal document of India and the world's longest written national constitution for a sovereign nation. It lays down the framework that demarcates fundamental political codes, structures, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. The constitution's vision was to recognise and abolish the historically evolved caste-based discrimination of "untouchability". It also made it an offence to cause any disability arising from this form of discrimination. The constitution's aspiration to advance the cause of social justice is critical to its foundation.

The constitution has also helped create, nurture, and expand an Indian identity. Its provisions focus on protecting rights and freedoms, with the pluralistic identity of the people of India reflected in the values of its preamble. The constitution provides a framework for identity creation, with its values of liberty, equality, and fraternity. It is a site for creating a collective consciousness, promoting progressive nation-building ideas while shielding from the consequences of sectarian perspectives. The constitution provides flexibility and freedom to pursue a pluralistic idea of nation-building.

The constitution is a powerful instrument of social and political empowerment. It is a reason to celebrate diversity, with its provisions on equality and non-discrimination recognising the value of diversity. Universities are key to promoting this diversity, providing an opportunity to study the constitution and meet diverse people, helping to build an informed and enlightened citizenry.

The constitution also has an impact on national politics. It provides key limits on the powers of government institutions, giving final say in many cases to the national government. The members of each state legislature elect and appoint representatives in the Council of States, with each state controlling a number of seats based on its population. The Council of States must consent to a bill for it to become law, and any amendment to the constitution requires a two-thirds majority in the Council. These provisions allow the states a significant impact on national politics.

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